Christopher Marlborough Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 15, 2022

Your question is not entirely clear. First, an employer can require you to take a break.

Second, the employer cannot knowingly permit you to work through a required break period without pay.

Third, New York State law (Labor Law Section 162) requires most employers to provide a... View More

The actions of person who recorded your statement, although perhaps unethical, does not rise to the level required to bring an action for intentional infliction of emotional distress. Conduct that could support such a lawsuit must be so extreme and outrageous as to go beyond all possible bounds of... View More

The employment law attorneys here would have the best insight into this, but your question remains open for two weeks. However, as a general contract law matter, it isn't unusual for companies to impose a margin on what they pay employees or contractors - this is a basic business model. It... View More

In an at-will state like New York, you can be terminated for any reason or no reason. Announcing your pregnancy does not prohibit your employer for terminating your employment due to performance. However, if you are terminated and believe that your pregnancy played a factor in the decision to... View More

An "independent contractor clause" doesn't do much. Whether a person is an employee or independent contractor is determined by details of the person's job duties, compensation, etc.

I'm sorry you were fired. This is something that the employment law attorneys here would have better insight into than personal injury attorneys. There's no guarantee that all posts on this Q & A board are picked up, but if you reposted and added Employment Law as a category, you... View More

Obviously, the matter is governed by the agreement. Have a lawyer look at it for a few bucks. If you have to pay it back, do so only with a release agreement, etc.

I'm sorry your question remains open for three weeks. This is something an employment law attorney would probably have the best insight into. There's no guarantee all posts are ultimately picked up here, but you could repost and add Employment Law as a category. Good luck

You should contact an experienced employment/labor attorney to go over the details of your case. From the small amount available in this public forum, it certainty sounds like you have reason to be concerned.

I'm sorry your question remains open for four weeks. The attorneys in the Employment Law category would have the best insight into hiring, firing, and other job-related issues. Your question must have gone unnoticed in this category. There's no guarantee all posts are picked up; some... View More

I'm sorry your question remains open for two weeks. You could repost under the "Employment Law" and "Employment Discrimination" categories instead of "Uncategorized." There's no guarantee that every question here is answered. Some questions do go unanswered.... View More

This is not really a medical malpractice matter; it is something that an employment law attorney would probably have the strongest insight into. You could repost under the Employment Law category. There's no guarantee all posts are picked up, but there would probably be better chances of a... View More

Carefully review your employee handbook and/or all of your employer's policies. Although those policies, rules or guidelines usually do not form contracts most intelligent employer's will follow them. The reason for doing so is that employers will refer to those policies and use them in... View More

An offer letter is different from an employment contract. Most offers are "at will." The employee can leave or employer can ask the employee to leave. No reason is needed for either employee to quit or employer to end the "at will" relationship.

Signing an offer letter... View More

"Employee wants to take clients they brought into the company" is a red flag. If employee had been acquainted with or done business with a client before accepting employment with a company that might be ok? But the "ok" depends on what the employee did prior to accepting... View More

HIPAA protects patient identifying information and medical information associated with patients from being shared with others who are not authorized to view or listen to that information.

New York State is a one party consent state when it comes to recording anyone. You may recall a now... View More

This is something that the employment law and workers' comp attorneys here would know best, but your question remains open for two weeks. In general, employees injured in the course of their employment usually go through workers' comp insurance for their medical expenses and lost wages.... View More

It is unlawful to discriminate against an employee based on their religion under both federal, NY and NJ discrimination law. You should consult with an employment attorney to discuss your matter further and get advice on how to address this.

First of all, I would like to tell you that I'm sorry that you are having to go through these things at your workplace.

As for the harassment and the discriminatory comments, largely, these will be lumped together as to how they are treated in the legal context. To constitute either,... View More

You should qualify if you earned the minimum required gross income in two full quarters. They go back either 4 or 5 quarters for calculating earnings which applies for anyone performing services in New York. It's state law overseen by the NYS DOL.

Remember that all employers must... View More